cjc 3010 pt3

Penal Harm Model

A philosophy that advocates painful punishment to deter crime.

Penal Harm Model - Flaw

Emphasizing pain over rehabilitation can increase recidivism.

Just Deserts Model

Offenders deserve punishment proportionate to harm caused.

Just Deserts Model - Flaw

Ignores root causes of crime and offers no rehabilitative solution.

Medical Model of Corrections

Views criminal behavior as a sickness requiring treatment.

Medical Model of Corrections - Flaw

Can lead to indefinite control and overlook accountability.

Reintegration Model

Focuses on preparing inmates for reentry into society.

Reintegration Model - Flaw

Often underfunded, limiting effective reintegration.

Retribution

Punishment is justified as a moral response to crime.

Retribution - Flaw

Doesn't address prevention or inequality.

Deterrence

Punishment should discourage crime in self and others.

Deterrence - Flaw

Assumes rational actors; ineffective on impulsive offenders.

Incapacitation

Removing offenders from society prevents crime.

Incapacitation - Flaw

Expensive and doesn't reduce overall crime.

Rehabilitation

Reform through education, treatment, and support.

Rehabilitation - Flaw

Effectiveness depends on quality and access.

Restorative Justice

Repairing harm through community and victim involvement.

Restorative Justice - Flaw

Not always effective for violent crimes.

Truth in Sentencing

Offenders serve most of their imposed sentence.

Truth in Sentencing - Flaw

Reduces incentive for good behavior.

Determinate Sentencing

Fixed sentencing terms with no parole discretion.

Determinate Sentencing - Flaw

Limits judicial flexibility.

Indeterminate Sentencing

Sentence range with release based on progress.

Indeterminate Sentencing - Flaw

Can lead to unequal outcomes.

Mandatory Minimum Sentencing

Minimum time required for specific crimes.

Mandatory Minimum Sentencing - Flaw

Contributes to mass incarceration.

Disparity in Sentencing

Inconsistent sentences for similar crimes.

Disparity in Sentencing - Flaw

Erodes trust in justice system.

Sentencing Guidelines

Standards to reduce disparity in sentencing.

Sentencing Guidelines - Flaw

Still allow inequality and limit flexibility.

Three Strikes Law

Severe punishment after third serious felony.

Three Strikes Law - Flaw

Can harshly punish minor third offenses.

Probation

Community supervision instead of incarceration.

Probation - Flaw

Overburdened system weakens effectiveness.

Parole

Early release based on good behavior.

Parole - Flaw

Minor violations can return people to prison.

20th Century Rehabilitative Ideal - Assumptions

Belief in rehabilitation as a primary correctional goal, emphasizing treatment and reform.

Culture Conflict (Park & Burgess, 1924)

Crime arises from conflict between norms of different cultural groups.

Social Disorganization (Shaw & McKay, 1942)

Crime results from breakdown of community institutions.

Differential Association (Sutherland, 1938)

Crime is learned through association with deviant peers.

Anomie (Merton, 1938)

Crime stems from disconnect between goals and means.

Reaction Formation (Cohen, 1955)

Delinquency results when youth reject unreachable norms.

Focal Concerns (Miller, 1958)

Subcultures value traits like toughness and street smarts.

Differential Opportunity (Cloward & Ohlin, 1960)

Illegitimate opportunities shape gang behavior.

Growth of Correctional System

Expansion of prisons, parole, and probation as rehabilitation efforts grew.

Failure of Correctional System

System became more punitive and focused on incapacitation.

Social-Psychological Framework

Examines inmate behavior through social interaction.

Cultural Transmission Theory

Values passed from one inmate generation to the next.

Functionalist Theory

Prison subcultures serve social and adaptive purposes.

Clemmer's Prisonization Model

Inmates assimilate to prison culture through shared experiences.

Sykes' Deprivation Model

Inmate behavior shaped by deprivation of liberty and autonomy.

Five Pains of Imprisonment

Loss of liberty, goods/services, relationships, autonomy, security.

Five Adaptations

Escape, withdrawal, rebellion, legal, adaptive endurance.

Irwin & Cressey's Importation Model

Inmates import outside values into prison.

Thief-Criminal Subculture

Values street loyalty and criminal skills.

Convict-Prison Subculture

Built on long-term incarceration experience.

Legitimate Subculture

Aligns with non-criminal social norms.

Giallombardo's Female Subcultures

Create pseudo-families; experience deprivation and importation.

Age of Discontent

1960s-70s period of social unrest and institutional crisis.

Prisoners' Rights Movement - Methods

Strikes, riots, legal challenges.

Prisoners' Rights Movement - Goals

Free speech, religion, due process, humane conditions.

Labeling Theory - Tannenbaum (1938)

Labeling someone deviant amplifies deviant behavior.

Labeling Theory - Lemert (1951)

Primary vs. secondary deviance based on societal reaction.

Decentralization Movement

Emphasis on local, community-based corrections.

Diversion Programs

Direct low-risk offenders to treatment instead of jail.

Net-Widening

Programs applied to people who wouldn't otherwise be incarcerated.

Deinstitutionalization (1974 JJDPA)

Remove status offenders from secure detention.

Adult Corrections Decentralization

Alternatives like supervised release and community programs.

Neoconservative Criminology

Emphasizes personal responsibility and punishment.

Rational Choice Theory (Cornish & Clarke, 1986)

Crime is a rational decision weighing cost vs benefit.

Routine Activities Theory (Cohen & Felson, 1979)

Crime requires offender, target, and no guardian.

Martinson's "Nothing Works" (1974)

Claimed rehabilitation was ineffective.

Law-and-Order Justifications

Promote deterrence, retribution, and incapacitation.

War on Drugs

Strict sentencing for drug offenses increased incarceration.

Sentencing Reforms

Mandatory minimums, three-strikes, and determinate sentencing.

Intermediate Punishments

Community-based sanctions used in addition to incarceration.

Mass Incarceration Consequences

Explosive prison population growth, especially for drug offenses.

Stacked Sanctions

Combining multiple punishments (e.g., prison + monitoring).

Women in Prison

Growing numbers; issues of family separation and healthcare.

Children of Incarcerated Parents

Suffer trauma, instability, and stigma.

Elderly Inmates

Require costly health care and special housing.

Mentally Ill Inmates

High incarceration due to lack of mental health services.

Transinstitutionalization

Movement of mentally ill from hospitals to prisons.

Infectious Disease in Prisons

Crowding and poor care lead to high disease risk.